KUALA LUMPUR – PAS leaders are feigning ignorance over the Federal Court’s recent decision in the Nik Elin case for the purpose of causing confusion and hatred among the public, PKR vice president Nik Nazmi Nik Ahmad said today.
He took aim at PAS president Tan Sri Abdul Hadi Awang and secretary-general Datuk Seri Takiyuddin Hassan for claiming that shariah law is being neglected after the apex court ruled that 16 criminal provisions in Kelantan’s shariah enactments were unconstitutional.
“I am confident that Hadi and Takiyuddin understand (the circumstances) but deliberately feign ignorance to incite fear among Muslims for their own shallow interests.
“Exploiting legal technical issues for political gain – especially regarding religion – is irresponsible…it will not bring Malaysia forward,” Nik Nazmi said in a statement today.
“PAS must stop confusing the people by insulting the Federal Constitution which is the basis for Malaysia’s progress,” the natural resources and environmental sustainability minister added.
Nik Nazmi was responding to Hadi and Takyuddin’s remarks following the Federal Court’s decision on February 9 in the case brought by Kelantanese lawyer Nik Elin Zurina Nik Abdul Rashid and her daughter to test the constitutionality of 18 provisions in the Kelantan Shariah Criminal Code (I) Enactment 2019.
The apex court struck out 16 provisions, ruling that the state assembly had no power to enact the provisions, as the offences were under the purview of federal law.
Hadi had derided the judges and accused them of being influenced by colonisers.
Takiyuddin, meanwhile, claimed the Federal Court’s decision was a dark history for Muslims nationwide, dubbing it a “Black Friday”.
In his rebuttal, Nik Nazmi said the Federal Constitution, which Hadi described as “coloniser’s law”, was in fact preserving Islam as the religion of federation while also protecting the religious rights of non-Muslims.
Nik Nazmi also cited Article 121(1A) of the constitution on the separate jurisdictions of shariah and civil courts, which made the former free from interference by the civil courts, and an equal.
The minister also pointed out that Hadi failed to mention the unity government had established a special committee on states’ competency to legislate Islamic laws last December to strengthen the shariah courts and provide clarity of Islamic laws.
In deciding the Nik Elin case, Chief Justice Tun Tengku Maimun Tuan Mat, who chaired the Federal Court’s nine-person bench, said the challenge would not affect the position of Islam or shariah law in the nation.
Nik Elin has also said her petition was not motivated by personal gain but to defend the sovereignty of Malaysia’s laws. – February 15, 2024